12 U.S.C. § 2279bb–2 — Minimum capital level
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- (a)In generalExcept as provided in subsection (b), for purposes of this part, the minimum capital level for the Corporation shall be an amount of core capital equal to the sum of
- (1)2.75 percent of the aggregate on-balance sheet assets of the Corporation, as determined in accordance with generally accepted accounting principles; and
- (2)0.75 percent of the aggregate off-balance sheet obligations of the Corporation, which, for the purposes of this part, shall include
- (A)the unpaid principal balance of outstanding securities that are guaranteed by the Corporation and backed by pools of qualified loans;
- (B)instruments that are issued or guaranteed by the Corporation and are substantially equivalent to instruments described in subparagraph (A); and
- (C)other off-balance sheet obligations of the Corporation.
- (b)Transition period
- (1)In generalFor purposes of this part, the minimum capital level for the Corporation—
- (A)prior to January 1, 1997, shall be the amount of core capital equal to the sum of—
- (i)0.45 percent of aggregate off-balance sheet obligations of the Corporation;
- (ii)0.45 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and
- (iii)2.50 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2);
- (B)during the 1-year period ending December 31, 1997, shall be the amount of core capital equal to the sum of—
- (i)0.55 percent of aggregate off-balance sheet obligations of the Corporation;
- (ii)1.20 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and
- (iii)2.55 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2);
- (C)during the 1-year period ending December 31, 1998, shall be the amount of core capital equal to—
- (i)if the Corporation’s core capital is not less than $25,000,000 on January 1, 1998, the sum of—
- (I)0.65 percent of aggregate off-balance sheet obligations of the Corporation;
- (II)1.95 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and
- (III)2.65 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2); or
- (ii)if the Corporation’s core capital is less than $25,000,000 on January 1, 1998, the amount determined under subsection (a); and
- (i)if the Corporation’s core capital is not less than $25,000,000 on January 1, 1998, the sum of—
- (D)on and after January 1, 1999, shall be the amount determined under subsection (a).
- (A)prior to January 1, 1997, shall be the amount of core capital equal to the sum of—
- (2)Designated on-balance sheet assetsFor purposes of this subsection, the designated on-balance sheet assets of the Corporation shall be—
- (1)In generalFor purposes of this part, the minimum capital level for the Corporation—